Sandeep Uddhav Kamble and Another. v. Kalpana Sandeep Kamble
Case brief
What is this about?
Bombay High Court, Nagpur Bench (M. M. Nerlikar, J., 01/12/2025), Criminal Writ Petition 657/2023, Sandeep Uddhav Kamble & anr. v. Kalpana Sandeep Kamble: writ petition challenging JMFC Chikhali (10.11.2022, Exh.05) and ASJ Buldana (04.08.2023) orders giving temporary custody of minor son to mother dismissed. Held: welfare of the child is the paramount consideration, money/income not the criterion; custody with father improper given alleged second/third marriage; minor son should not reside with step-mother while natural mother alive; Protection Officer report and husband's failure to produce child support mother. Relied on Nil Ratan Kundu v. Abhijit Kundu (2008) 9 SCC 413; referred to Re McGrath (infants).
What did the court decide?
None; the criminal writ petition is dismissed and both impugned orders stand upheld, leaving temporary custody of the minor child with the respondent-mother.